What to Expect During the Probate Process From Start to Finish

Probate is a court-supervised process of handling a person's estate (the property, money, and other assets a person leaves behind) after death. It can involve validating a will and appointing an executor (the person named to handle the estate) or administrator (the person appointed by the court to handle the estate), paying debts and expenses, and distributing remaining assets to heirs or beneficiaries. 

Texas estates may be handled through independent administration, which involves less court supervision than dependent administration. The length of probate varies by estate and can increase when disputes, complex assets, creditor issues, or other complications arise. 

Losing someone you love is difficult enough without having to figure out what happens to their property and finances. If you are responsible for an estate, you may have questions about what you need to do, how long probate will take, and what could cause delays. 

At Tefera Law Firm, PLLC in Colleyville, Texas, we help clients with probate and estate administration. Our attorneys can assist with court filings, executor responsibilities, creditor claims, and estate distributions. Contact us today to schedule a free 30-minute phone consultation. 

Step 1: File the Application for Probate 

Your probate case begins when you or another interested person files an application with the appropriate probate court in the county where your loved one lived. If your loved one left a will, the application will ask the court to admit it to probate and appoint the named executor. If there is no will, the court may appoint an administrator after determining the heirs. You must provide the documents required by Texas law, including the original will when one exists. 

Texas generally requires a will to be admitted to probate within four years after the person's death, subject to limited exceptions. If the deadline passes, the court may not admit the will to probate, which can affect how the estate is handled. Our Texas probate attorneys can help you prepare and file the probate application, gather required documents, and address issues that arise during the initial filing. 

Step 2: The Hearing and Appointment of the Executor 

After you file the application, the court will schedule a hearing and provide the required notice. At the hearing, the judge will consider whether the will meets legal requirements, whether the executor qualifies to serve, and whether to appoint you or someone else as executor or administrator. 

Texas recognizes two main types of estate administration. Independent administration involves less court supervision, allowing you to handle many estate-related tasks without seeking court approval each time. Dependent administration involves more court oversight, including court approval for many actions taken on behalf of the estate. The will may provide for independent administration, or the court may allow it when the legal requirements are met. 

After the court appoints you as executor, you must complete the required oath and satisfy any bond requirement before receiving the appropriate letters. Letters Testamentary authorize you to act as executor, while Letters of Administration authorize you to act as administrator. You may need these documents when working with banks, title companies, and other institutions. 

Step 3: Notify Creditors and Beneficiaries 

After receiving your letters, you must handle several notice and reporting requirements. Within one month, you generally need to publish a notice to creditors in a newspaper of general circulation in the county where the letters were issued. Texas law also requires you to notify certain creditors, depending on the claim, and you may need to notify the deceased's beneficiaries and other interested parties whose rights or interests may be affected by the probate proceeding. 

You must prepare an inventory, appraisement, and list of claims identifying the estate's property, its value, and certain claims against the estate. You generally must file this document within 90 days of qualifying as the personal representative, although the court may grant an extension. In certain independent administrations, you may qualify to file an affidavit instead of the full inventory. Our attorneys can help you file the required notices, estate inventories, and creditor claims. 

Step 4: Gather and Manage the Estate Assets 

Once you have been named executor, you will need to identify, collect, and protect the assets that belong to the deceased's estate. These may include real estate and vehicles, bank and investment accounts, business interests, personal property and valuables, and insurance or retirement benefits payable to the estate.

Not every asset passes through probate. For example, life insurance and certain retirement or financial accounts may pass directly to named beneficiaries. Jointly owned property may pass to a surviving owner under the applicable ownership arrangement. 

As the personal representative, you must protect the estate's property while probate continues. This may include maintaining insurance, securing property, keeping accounts current, and paying necessary expenses. You also have a fiduciary duty to act in the interests of the estate and those entitled to its assets. 

Step 5: Pay Any Debts and Taxes 

Before distributing estate property, you must address any valid debts, expenses, and taxes. These may include funeral expenses, medical bills, credit card balances, mortgages, and other obligations. If the estate does not have enough assets to pay all claims, you must follow the applicable priority rules. 

You may also need to file the deceased person's final income tax return. Depending on the estate, additional tax filings may apply. A CPA or other tax professional can assist with more complicated tax matters. 

Step 6: Distribute the Remaining Assets 

Once you address the estate's debts and other obligations, you can distribute the remaining assets to the deceased's beneficiaries. If your loved one left a valid will, you must follow its instructions. If there is no will, Texas intestacy laws determine which heirs receive the estate and their shares. The court may need to determine the heirs before distribution. 

As an independent executor, you can generally handle distributions without seeking court approval for every transaction. Keep clear records of estate transactions and distributions. Our attorneys can help you determine who is entitled to which assets, review distribution requirements, and handle related legal and court filings. 

Step 7: Finalize Estate Administration 

Once you have addressed the estate's debts, taxes, claims, and distributions, you will need to finalize the estate administration process. An independent executor is not required to formally close an independent administration under Texas law, although a distributee may ask the court to close the administration after the estate has been fully administered. 

Our attorneys can review the estate's remaining obligations and help you determine what needs to be completed before the administration concludes. We can also assist with any legal filings or court procedures that apply to your case. 

Contact Our Experienced Texas Probate Attorneys for Guidance

From filing the probate application and notifying creditors to managing assets, paying debts, and distributing property, each stage of the probate process has specific requirements. At Tefera Law Firm, PLLC, our attorneys, Chrissy Tefera and Jessica Arreguin, can help with probate filings, creditor claims, estate assets, distributions, and other issues that arise during administration.

Located in Colleyville, Texas, we assist families throughout Tarrant County, Keller, Grapevine, Southlake, Watauga, Hurst, Euless, Bedford, North Richland Hills, Fort Worth, Arlington, Dallas, Denton, and the neighboring areas with probate and estate administration. Contact us today to schedule a free 30-minute phone consultation.